Welcome to the fascinating world of internet jurisdiction!
The borderless, anonymous nature of the Internet makes resolving disputes arising from e-commerce transactions and interactions difficult. This module will look at the resolution of disputes arising from Internet interactions. It covers the concept of Conflicts of Law/Private International Law (PIL) with a particular focus on European and US rules and how the Internet as a borderless medium has changed the paradigm of PIL.
This module analyses the conflicts of law arising from private, civil disputes stemming from internet interactions across a border. For example, if a Russian businessman has been defamed in a US online publication accessed by the public in England, can the Russian claimant sue the US publication for defamation before the English courts? Suppose a consumer in France buys goods from a website hosted and operated in England. Can this French consumer sue the English businesswoman in the French courts, and can the resulting judgment (if the French consumer is successful) be enforced against the assets of the English business? This module will examine questions like these in light of the Brussels Regulation (Jurisdiction), the Rome I and Rome II Regulations (Applicable Law), and the emerging jurisprudence of the English, EU and US courts.